CAT/C/35/D/174/2000
Page 5
brain tissue on the front side of his sweatshirt; (d) the contradiction between the size
of the rupture of the aorta (3 cm x 1 cm) and the relatively small quantity of blood
found in the chest cavity (800 ccm); (e) the expert commission’s finding that the first
contact of the deceased’s body with the ground was with his feet, resulting in
transverse fractures of the lower leg bones instead of diagonal fractures, which would
usually result from a similar fall; (f) the unclear description by the expert commission
of the mechanism of injuries, i.e. “that the first contact of the body was with the feet
which caused feet and lower leg fractures, which was followed by bending and
twisting (extension and rotation) of the thorax”, given that extension means stretching
of the body rather than bending; and (g) that the autopsy report diagnosed
decollement, i.e. the separation of the skin of subcutaneous tissue from the muscle
membrane, on the external side of the left thigh, although such an injury was usually
“inflicted by a strong blow with a brandished blunt weapon”, i.e. “the blow of the
body on the ground”, which was unlikely to occur after a fall on the feet and a fracture
of both lower leg bones.
2.12 By letter of 28 August 1996, the complainant’s lawyer requested the Belgrade
Public Prosecutor’s Office to order another forensic expertise, to be conducted by the
Institute of Forensic Medicine of either the Belgrade Military Hospital or the Faculty
of Medicine of Novi Sad, and, for that purpose, to exhume the body of N. N. at the
expense of the complainants to address the doubts expressed by Dr. Z. S. In addition,
he requested clarification of the following questions: (a) The time and place of death;
(b) whether the contusions of the brain and the wound on the lower forehead of the
deceased could have been the consequence of injuries inflicted by blows before the
fall; (c) whether the small quantity of blood found in the chest cavity indicated that N.
N. was already dead at the time of the fall, given that a living person discharges about
70 milliliters of blood from the left auricle into the aorta with every heartbeat (totaling
about 4.9 liters per minute); (d) how it could be explained that the autopsy report did
not establish any circular fractures of the bones of the base of the cranium after a fall
from a height of 20 to 30 meters; and (e) which parts of the body would usually be
damaged after a fall from this height, based on the weight of the body, its free
movement during, as well as the velocity of the fall.
2.13 On 2 October 1996, the complainants’ lawyer requested the Belgrade Public
Prosecutor’s Office that several potential witnesses be interviewed either by the
Serbian Ministry of the Interior or by the Secretariat for Internal Affairs of Novi Sad:
(a) The complainants, to find out whether M. K., when delivering the tragic news of
their son’s death, said: “Aunt Ljilja, they have killed Nikolica – they have killed
Dumpling!”; (b) R. J. and Z. T., colleagues of the mother, who were present when M.
K. told the mother that her son had died; (c) M. K., to establish whether she saw N. N.
tying the cables to the radiator; whether he had been sleeping and, if so, whether he
was already dressed when the police arrived at the door; how it was possible that she
did not see N. N. jump out of the window, if she was in the same room; or,
alternatively, how she could claim that there was no contact between N. N. and the
policemen, if she was in another room; (d) neighbours in building no. 2, Pariske
Komune Street, in particular D. N., the tenant of the flat above apartment no. 82, and
S. L., who removed the biological traces in front of the building, to ask him what
exactly he removed and whether he did this before or after the end of the in situ
investigation; (e) several friends of the deceased, to find out whether N. N. had a fight
with M. K. prior to 19 April 1994 and whether M. K. had threatened that she would